Effective January 1, 2015, the Canada Revenue Agency (“CRA”) is changing the tax withholding requirements for benefits paid under a “wage loss replacement plan” (“WLRP”). The CRA will now require the withholding of income tax from benefit payments under a WLRP, even if the benefits are not subject to Canada Pension Plan (“CPP”) contributions or…
Insights
Hicks Morley publishes a number of materials, both electronic and print, on issue-specific and sector-specific topics of interest to our clients. Our insights section has links to all of our various publications, updates and blogs, both current and historical, to keep you informed of developments in the law that impact human resources.
Case In Point
Divisional Court Finds Arbitrator’s Approach to Pre-Access Drug and Alcohol Testing Reasonable
The Divisional Court has dismissed a judicial review application of an arbitration decision that held that pre-access drug and alcohol testing was contrary to the parties’ collective agreement and the Ontario Human Rights Code. While the Court declined to comment on the Code, it upheld Arbitrator Surdykowski’s finding that the applicant had violated the collective…
FTR Now
Ontario Introduces ORPP and PRPP Legislation
On December 8, 2014, the Ontario government introduced Bill 56, the Ontario Retirement Pension Plan Act, 2014, legislation intended to address the issue of retirement undersavings. As we previously reported, the government initiated a public consultation process regarding Ontario retirement pension plan (“ORPP”) implementation through targeted questions to employees and employers in November, 2014. A…
FTR Now
Amendments Filed to Regulation Made Under Ontario Pension Benefits Act
The Ontario government has filed O. Reg. 235/14, amending Regulation 909 of the Pension Benefits Act (“PBA”) in respect of new rules regarding Statements of Investment Policies and Procedures (“SIP&Ps”), requirements to provide periodic statements to former and retired members and the content of annual member statements. Draft regulations (“Draft Regulations”) were previously released for…
Human Resources Legislative Update
Ontario Files Regulation under PBA Regarding SIPPs and Requirements for Disclosure Statements
On November 27, 2014, the Ontario government filed O. Reg. 235/14, amending Regulation 909 made under the Pension Benefits Act (“PBA”). O. Reg. 235/14 establishes new rules regarding Statements of Investment Policies and Procedures (“SIP&Ps”). It requires that a SIP&P be filed with the Superintendent of Financial Services within 60 days after January 1, 2016…
School Board Update
OLRB Refuses to hear CUPE Job Security Complaint
In a significant unfair labour practice case, Canadian Union of Public Employees v. Algoma District School Board, the Ontario Labour Relations Board (“OLRB”) held that CUPE’s complaints regarding the alleged alteration of employment terms by ten school boards during the statutory freeze period had to proceed through local grievance and arbitration procedures, rather than as an…
FTR Now
Arbitrators Address Off-Duty Social Media Comments
Two recent City of Toronto arbitrations have addressed the issue of discipline for off-duty social media comments. On November 12, 2014, Arbitrator Elaine Newman found that the social media comments of an off-duty Toronto firefighter, which disparaged women, the disabled and visible minorities (among others), constituted serious misconduct and damaged the reputation of the Toronto…
FTR Now
Deadline Extended for Alberta Pension Reform Plan Amendments
As discussed in our recent FTR Now, Alberta Introduces Significant Pension Reforms Effective September 1, 2014, the new Employment Pension Plans Act and accompanying Employment Pension Plans Regulation came into force on September 1, 2014. Pension plans registered in Alberta and plans registered elsewhere with members whose pension benefits are subject to Alberta pension legislation…
Human Resources Legislative Update
FSCO Extends Filing Deadline for EPPA-Related Plan Amendments
As we recently reported, on November 19, 2014, the Alberta government announced that plan sponsors or administrators could request and receive an extension of the deadline for filing plan amendments required under Alberta’s new Employment Pension Plans Act (“EPPA”) from December 31, 2014 to March 31, 2015. The Financial Services Commission of Ontario (“FSCO”) has…
Human Resources Legislative Update
Ontario Announces ORPP Consultation Process
On November 18, 2014, the Ontario government published additional information outlining the Ontario Retirement Pension Plan (“ORPP”) framework, and is presently soliciting feedback on the ORPP design and implementation process through a series of targeted questions for employers and employees. Verbal or written feedback may be provided directly to the Associate Minister of Finance. No…